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Local Attorney Still Fighting for Governor Perry's Deposition
Posted: Oct 14, 2011 10:34 PM by Parrish Alleman
Updated: Oct 14, 2011 10:55 PM
CORPUS CHRISTI -- The decision whether or not to force Governor Rick Perry to give a deposition in a lawsuit involving the fight club at the Corpus Christi State School is now in the hands of a judge.
There are two sides in this battle; local attorney Bob Hilliard and the state school residents he represents, versus Governor Rick Perry.
When Hilliard first filed a subpoena asking Governor Perry to testify in the lawsuit, the Attorney General's Office immediately filed a motion asking a judge to throw out the request for a deposition.
Friday, Hilliard filed a response giving evidence why he thinks he should be allowed to question Perry.
In their motion the state cites federal law which says a high ranking government official should only have to give a deposition if they have first hand knowledge of the case that the other side can't get anywhere else.
"And they're generally right that the rule is you can't require or have a judge require the governor give a deposition but what you can do is though is show the reasons why he is the exception to the rule," Hilliard said.
The motion from the state also says "this court should quash the deposition of Governor Perry because plaintiffs' request is only made to harass, annoy and place undue burdens on the highest raking official in the state of Texas."
But Hilliard says case law is on his side.
"In fact Governor Arnold Schwarzenegger when he was governor of California was compelled to give a deposition in the prison system litigation because they found he was a fact witness," Hilliard said.
Now, it's a waiting game for both sides while the judge looks over both of these documents and makes a decision.
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